Pawan Kumar and Another v. State of U.P. and Another

Court No. - 69 Case :- APPLICATION U/S 482 No. - 16098 of 2023 Applicant :- Pawan Kumar And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amit Kumar Singh,Km Astha Counsel for Opposite Party :- G.A.,Ramesh Chandra Pal Hon'ble Samit Gopal,J.

¶1List revised.

¶2Heard Sri Amit Kumar Singh learned counsel for the applicant, Sri Sunil Kumar Kushwaha holding brief of Sri Ramesh Chandra Pal, learned counsel for the opposite party no.2, Sri Ajay Singh, learned A.G.A-1 for the State and perused the records.

¶3The present application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to allow the present application and quash the order dated 18.11.2021 passed by Judicial Magistrate/FTC-2, Farrukhabad in Case No.434 of 2021, arising out of case crime no.401 of 2013, under Section 406, 506 IPC and 3/4 D.P. Act, P.S. Fatehgarh, District Farrukhabad and order dated

7.2.2023 passed by Sessions Judge, Farrukhabad in Criminal Revision No.150 of 2021 as well as order of NBW dated 7.5.2022 passed by J.M, F.T.C.2, Farrukhabad pending before Judicial Magistrate/FTC-2, Farrukhabad and to allow the applicants to cross-examine P.W.1 and with the further prayer to stay the further proceedings of aforesaid case, during the pendency of present application.

¶4The matter was referred to the Mediation Centre of this Court vide order dated 10.5.2023 for making an effort between the parties for settling their disputes amicably.

¶5As per the office report dated 10.10.2023, a report from the Mediation Centre of this Court is on record which states that mediation between the parties is successful.

¶6As per report of Mediation Centre dated 14.9.2023, the parties have entered into a settlement agreement dated 14.9.2023 and have amicably settled their dispute and further agreed to withdraw the cases going on between them.

¶7From perusal of the report of Mediation Centre of this Court, it appears that in pursuance of the said order the mediation proceedings were taken up which ended in a settlement dated

14.9.2023 between the parties and the Mediation succeeded. The parties have settled their grievances and even the dispute arising in the present matter. The parties have agreed to withdraw the cases going on between them, the said fact is mentioned in para 6(c) of the said mediation report.

¶8The law with regards to quashing of a case on the basis of settlement arrived between the parties, is well settled. The Apex Court in the cases of (1) B.S. Joshi and others Vs. State of Haryana and another: (2003)4 SCC 675; (2) Nikhil Merchant Vs. Central Bureau of Investigation : (2008) 9 SCC 677; (3) Manoj Sharma Vs. State and others: ( 2008) 16 SCC 1; (4) Gian Singh Vs. State of Punjab: (2012) 10 SCC 303; (5) Shaifullah and others Vs. State of U.P. And another: 2013 (83) ACC 278 and (6) Parbatbhai Ahir@Parbatbhai @ Bhimsinbhai Karmur and others Vs. State of Gujarat and another: (2017) 9 SCC 641 has held that the cases in which the parties have settled their grievances can be quashed.

¶9From perusal of the records and the law laid down by the Apex Court on the subject matter, the present case is a good case for exercising powers by this Court to quash the proceedings as prayed for by the applicant(s).

¶10The present application is allowed.

¶11The entire proceedings of the aforesaid case as well as cognizance order passed in the aforesaid case are hereby quashed. (Samit Gopal, J.) Order Date :- 26.10.2023 Gaurav Kuls High Court of Judicature at Allahabad